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Feb 2, 20233 min read

Evidentiary Value of Statement before Magistrate

The magistrate’s power to record confessions and other statements are provided under Section 164 of the Criminal Procedure Code. The statements recorded under this Section 164 are substantive evidence.

A confession is a statement where the suspect acknowledges his guilt of having committed a crime, while a statement is a declaration of a mere matter of fact.


Who is competent to record a statement?


A statement or confession could be recorded by a Metropolitan Magistrate or by a Judicial Magistrate, irrespective of the fact that they have jurisdiction or not.

As provided under the provision of Section 164 of the CrPC, in case the powers of a magistrate are conferred to a police officer, he shall not be competent to record the confession.


When does a statement or confession could be recorded by a Magistrate?


As provided by the provision of Section 164, a statement or a confession could be recorded-

  • During the course of investigation; or

  • Any time before the commencement of an inquiry or a trial.

How could a confession be recorded under CrPC?

Before a statement is recorded by the Magistrate, it has to be explained to the person confessing that-

  • he/she is not bound to make the confession

  • Also, in case such a confession is made, it could be used against him/her as evidence.

Section 164 ensures that the confession so made in the presence of the Magistrate is voluntary. In the case of Rabindra Kumar Pal alias Dara Singh v Republic of India, as per the guidelines issued by the Hon’ble Supreme Court of India, the magistrate has to ensure that-

  • After the above-mentioned warning has been given, the magistrate is required to provide adequate time to the accused to think, so that he is free from any influence of the police.

  • It is important the accused is asked regarding the treatment he received at the Police Station.

  • In case there are any injuries or marks on the accused’s person, he should be asked about the origins of those injuries.

  • The accused will not be remanded to the police custody in case he is not willing to confess

  • In case a confession is found to be involuntary, it is rejected by the court

Evidentiary value of a Confession before a magistrate-

  • A confessional statement made by an accused before the magistrate is good evidence and a conviction could be decided based on such confession.

  • A confession so made could be used against such a person who has made it and shall be sufficient to support his conviction.

  • In case the confession so made is found to be voluntary and genuine, the prosecution does not need to prove it. In this instance, there is no requirement for corroboration.

  • The provision provided by the law is, a conviction could be decided on the basis of a confession, in case such confession is free of force and voluntary in nature.

Extra-judicial confession-

  • The evidentiary value of an extra-judicial confession is weak in nature. It could be relied upon, in case it is clear, consistent and convincing.

  • Generally, as a cautionary step, a material corroboration to an extra-judicial confession or statement is required by the courts, which could connect the accused person with the crime in question.

The accused confessed in front of the forest officer, in the case of State of Karnataka v A.B. Nagraj, where the father and the step-mother of the deceased girl were accused of killing the girl in the National Park. However, no such mention of confession was made in the police report as well no witness could be found who could mention about such confession. It was, thus, decided by the court that this kind of extra-judicial confession could not be made.


Confession

As could be inferred from the above article, the confession or the statements before the magistrate shall be admissible if the conditions mentioned-above are followed. However, if a confession is made to the police, it shall not have any evidentiary value; however, it could still be used to corroborate the statements of the witness in the court or to question the statement of a witness during the trial.


Thus, before you submit your statement to the police, it is advised to seek the advice of an experienced Lawyer in Delhi or Lawyer in Lucknow or the city you belong to, so that no mistake is made, which may affect your case in the court. To have a better understanding of the provisions of law involved in your case, it is advised to talk to a lawyer in your city or a Lawyers in Ghaziabad. Lead India offers you legal advice in India or assistance as required in your situation for any case related to criminal law or family law, etc.


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